N.Y. Election Law § 10-108: Military voters; distribution of ballots to

§ 10-108. Military voters; distribution of ballots to. 1. (a) Ballots

for military voters shall be mailed or otherwise distributed by the

board of elections, in accordance with the preferred method of

transmission designated by the voter pursuant to section 10-107 of this

article, as soon as practicable but in any event not later than

forty-six days before a primary or general election; twenty-five days

before a New York city community school board district or city of

Buffalo school district election; fourteen days before a village

election conducted by the board of elections; forty-five days before a

special election; and twenty-three days before a special election held

pursuant to paragraph b of subdivision three of section forty-two of the

public officers law. A voter who submits a military ballot application

shall be entitled to a military ballot thereafter for each subsequent

election through and including the next two regularly scheduled general

elections held in even numbered years, including any run-offs which may

occur; provided, however, such application shall not be valid for any

election held within seven days after its receipt. Ballots shall also be

mailed to any qualified military voter who is already registered and who

requests such military ballot from such board of elections in a letter,

which is signed by the voter and received by the board of elections not

later than the seventh day before the election for which the ballot is

requested and which states the address where the voter is registered and

the address to which the ballot is to be mailed. The board of elections

shall enclose with such ballot a form of application for military

ballot. In the case of a primary election, the board shall deliver only

the ballot of the party with which the military voter is enrolled

according to the military voter's registration records. In the event a

primary election is uncontested in the military voter's election

district for all offices or positions except the party position of

member of the ward, town, city or county committee, no ballot shall be

delivered to such military voter for such election; and the military

voter shall be advised of the reason why he or she will not receive a

ballot.

(b) Upon the proclamation of a special election by the governor or

otherwise pursuant to law, each board of elections shall, not later than

three days after the establishment of the date of such special election,

transmit by mail, facsimile transmission or electronic mail in

accordance with the preferred method of transmission designated by the

voter pursuant to section 10-107 of this article, a federal write-in

absentee ballot to all military voters eligible to vote by military

ballot in such special election.

(c) Each board of elections which is served with a court order

restraining or enjoining the issuance of ballots in any election, other

than a special election, in which any military voter is entitled to

receive a ballot shall immediately notify the state board of elections

of such fact and shall transmit in accordance with the preferred method

of transmission designated by the voter, a federal write-in absentee

ballot to all military voters eligible to vote in such election.

(d) A military voter who has received a federal write-in absentee

ballot shall be entitled to receive a certified ballot notwithstanding

the prior transmission of a federal write-in absentee ballot to such

voter pursuant to paragraph (b) or (c) of this subdivision. Such

certified military ballot shall be sent by the board of elections in

accordance with the preferred method of transmission designated by the

voter pursuant to section 10-107 of this article, or expedited mail if

the military voter has not expressed a preference to receive same by

facsimile transmission or electronic mail, and his or her request for a

military ballot was made at least thirty-two days before the election.

2. In the event that the board of elections of any county shall not

mail or otherwise distribute ballots to the military voters of such

county by the date required by this section, such board shall notify the

state board of elections in writing of the facts and reasons for such

non-compliance.

3. Thereafter, ballots shall be so distributed to persons whose names

and military addresses are added to the registration poll ledgers as

military voters, except that the military ballots may be delivered by

hand to military voters who personally file an application with the

board of elections of their county of residence. The military ballot

shall be delivered to such military voter together with a ballot

envelope and a second envelope addressed to the appropriate board of

elections on which is printed "Official Election Balloting Material--Via

Air Mail".